Title 13, TITLE 13. ENVIRONMENT

Sec. 3. (a) A public hearing shall be held on the question of: (1) the issuance of an original or renewal permit for a hazardous waste disposal facility under IC 13-22-3; or (2) the issuance of an original permit for a solid waste disposal facility or a solid waste incinerator re…

Sec. 4. If the petition under section 3(b)(2) of this chapter requests that the public hearing be conducted at a location within a county affected by a proposed permit, the department shall conduct the public hearing at that location. [Pre-1996 Recodification Citation: 13-7-10-2(…

local approval Sec. 5. (a) Whenever a permit is required by any rule of the board under IC 13-15-1 for the construction, installation, operation, or modification of any facility, equipment, or device, the permit may be issued only after the department staff has: (1) approved the …

renewal of hazardous waste disposal facility permit Sec. 6. (a) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal or a new permit in accordance with rules of the board, the existing permit…

Sec. 1. The department shall provide assistance on air pollution matters to towns, cities, and counties. [Pre-1996 Recodification Citation: 13-1-1-1(d).] As added by P.L.1-1996, SEC.7.

Sec. 10. The commissioner may budget and receive appropriated money for expenditures to carry out air pollution control laws. [Pre-1996 Recodification Citation: 13-1-1-4(i).] As added by P.L.1-1996, SEC.7.

Sec. 11. The board may adopt rules under IC 4-22-2 and IC 13-14-9 under discretionary authority granted to the state by: (1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L.101-549); or (2) a regulation adopted under the…

Sec. 12. Unless otherwise indicated, any express grant of authority provided to the board under this title may not be interpreted to prohibit the board from adopting rules that extend the grant of authority to cover additional activities in accordance with section 4 of this chapt…

Sec. 13. The commissioner may not issue any permit to a solid waste incinerator required by the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549), if the commissioner is also responsible in whole or in part for the d…

federal regulation; department to post information and maintain database Sec. 14. (a) If a federal regulation adopted to implement the federal Clean Air Act classifies or amends an existing designation of: (1) attainment; (2) nonattainment; or (3) unclassifiable; for any area wit…

Sec. 15. (a) The board may adopt rules and standards prescribing limitations on noise emission. In adopting rules under this section, the board may prescribe that a person may not emit or cause to be emitted any noise that: (1) unreasonably interferes with any lawful business or …

Sec. 2. The commissioner may conduct inspections under air pollution control laws in accordance with IC 13-14-2. [Pre-1996 Recodification Citation: 13-1-1-4(a).] As added by P.L.1-1996, SEC.7.

Sec. 3. Air pollution control laws may be enforced under IC 13-14-2-6 or IC 13-30-3. [Pre-1996 Recodification Citation: 13-1-1-4(b).] As added by P.L.1-1996, SEC.7.

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are: (1) consistent with the general intent and purposes declared in IC 13-17-1 and section 1 of this chapter; and (2) necessary to the implementation of the federal Clean Air Act (42 U.S.C. 7401 et seq.)…

As added by P.L.16-2009, SEC.20. Repealed by P.L.159-2011, SEC.49.

Sec. 5. Violations of air pollution control laws are subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. In addition, a violation of air pollution control laws may lead to criminal prosecution under IC 13-30-10. [Pre-1996 Recodificat…

[Pre-1996 Recodification Citation: 13-1-1-4(e).] As added by P.L.1-1996, SEC.7. Repealed by P.L.133-2012, SEC.119.

Sec. 7. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An environmental law judge under IC 4-21.5-7 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-1-4(f).] As added by P.L.1-1996, SEC.7.…

Sec. 8. The board shall carry out other duties imposed by law. [Pre-1996 Recodification Citation: 13-1-1-4(g).] As added by P.L.1-1996, SEC.7.

Sec. 9. (a) The commissioner shall assist and cooperate with other groups interested in and affected by air pollution. (b) The commissioner may do the following: (1) Advise, consult, and cooperate with: (A) other state agencies; (B) towns, cities, and counties; (C) industries; (D…

Sec. 1. The board shall adopt rules for the control and prevention of pollution in waters of Indiana with any substance: (1) that is deleterious to: (A) the public health; or (B) the prosecution of any industry or lawful occupation; or (2) by which: (A) any fish life or any benef…

institutions Sec. 10. The department may call upon: (1) any state officer, board, department, or other state institution; and (2) the officers or employees of an individual entity described in subdivision (1); for any assistance necessary to carry out the water pollution control …

Sec. 11. Since the water pollution control laws are necessary for the public health, safety, and welfare, the water pollution control laws shall be liberally construed to effectuate the purposes of the water pollution control laws. [Pre-1996 Recodification Citation: 13-1-3-17.] A…

Sec. 12. The board shall adopt rules providing that whenever a person submits plans to a unit concerning the design or construction of: (1) a sanitary sewer or public water main, if: (A) a professional engineer who is registered under IC 25-31 prepared the plans; (B) the unit pro…

Sec. 13. If a violation of 327 IAC 15-5 occurs, the department shall determine which person is responsible for committing the violation. In making this determination, the department shall, if appropriate, consider: (1) public records of ownership; (2) building permits issued by l…

Sec. 14. (a) The outstanding state resource water improvement fund is established. All money collected under section 2 of this chapter and any money accruing to the fund are continuously appropriated to the fund to carry out the purposes of section 2 of this chapter. Money in the…

Sec. 15. (a) Subject to subsection (c), the board shall amend 327 IAC 5 and 327 IAC 15 to eliminate: (1) the requirement that NPDES general permit terms and conditions be contained in a rule; and (2) the terms and conditions of each NPDES general permit that is: (A) contained in …

outstanding state resource waters; antidegradation review of certain applications; classification of all state waters Sec. 2. (a) The board may adopt rules under IC 4-22-2 that are necessary to the implementation of: (1) the Federal Water Pollution Control Act (33 U.S.C. 1251 et …

certain circumstances; extension Sec. 2.1. (a) If: (1) a discharge results from an activity for which: (A) an NPDES permit subject to IC 13-15-4-1(a)(2)(B), IC 13-15-4-1(a)(3)(B), or IC 13-15-4-1(a)(4); or (B) a modification or renewal of a permit referred to in one (1) of the se…

term control plans Sec. 2.3. (a) This subsection applies if a use attainability analysis is performed and approved to change the designated use of a water body receiving wet weather discharges from combined sewer overflows from the recreational use designation that applied to the…

alternatives to attain water quality standards Sec. 2.4. An NPDES permit holder shall review the feasibility of implementing additional or new control alternatives to attain water quality standards. The NPDES permit holder shall conduct such a review periodically, but not less th…

application after approval of long term control plan; other requirements; EPA approval; monitoring and review; rules Sec. 2.5. (a) A CSO wet weather limited use subcategory is established for waters affected by receiving combined sewer overflows, as specified in an approved long …

Sec. 2.6. (a) Where appropriate, permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards, limitations, and other requirements. (b) The schedule of compliance shall require compliance …

[Pre-1996 Recodification Citation: 13-1-3-4(b).] As added by P.L.1-1996, SEC.8. Repealed by P.L.133-2012, SEC.126.

Sec. 4. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An environmental law judge under IC 4-21.5-7 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-3-4(c).] As added by P.L.1-1996, SEC.8. IC 1…

Sec. 6. The water pollution control laws may be enforced under IC 13-30-3 or IC 13-14-2-6. [Pre-1996 Recodification Citation: 13-1-3-5(a).] As added by P.L.1-1996, SEC.8.

Sec. 7. The commissioner may order any person to acquire, construct, repair, alter, or extend the plants that are necessary for the disposal or treatment of organic or inorganic matter that is: (1) causing; (2) contributing to; or (3) about to cause or contribute to; a polluted c…

Sec. 8. The commissioner may require the sealing of mines, oil and gas wells, brine wells, or any other subterranean strata that are: (1) causing; (2) contributing to; or (3) about to cause or contribute to; a polluted condition of the waters of Indiana. [Pre-1996 Recodification …

Sec. 9. The department may, through any authorized agent, enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions relating to the pollution of any water of Indiana. [Pre-1996 Recodification Citation: 13-1-…

atomic radiation; federal waste exemptions and exclusions; application of certain federal regulation amendments Sec. 1. (a) The board shall do the following: (1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardo…

Sec. 1.3. (a) Except as otherwise provided in this chapter, the board may adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of material otherwise defined as a solid or hazardous waste, including standards and procedures concerning the …

Sec. 2. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An environmental law judge under IC 4-21.5-7 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-12-8(c).] As added by P.L.1-1996, SEC.9.…

legacy generation resource; state permit program; fees Sec. 3. (a) As used in this section and section 3.1 of this chapter, "coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of ge…

coal combustion residuals Sec. 3.1. Except as provided in section 3(c) of this chapter, the rules adopted under section 1(a)(1) of this chapter may not regulate the following: (1) The disposal of waste indigenous to the coal mining process and coal combustion residuals if the mat…

Sec. 3.2. (a) The CCR program fund is established for the purpose of paying costs incurred by the department in operating the state permit program established under section 3 of this chapter, including: (1) the personnel costs incurred in employing staff needed to perform the dut…

prohibited Sec. 4. Except as provided by sections 5 and 6 of this chapter, the board and the department may not adopt rules under section 1 of this chapter to: (1) prohibit; or (2) arbitrarily restrict; vertical expansions of existing permitted landfills. [Pre-1996 Recodification…

environmental assessments Sec. 5. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require an applicant for a vertical expansion of an existing permitted landfill to submit environmental assessments as part o…

of design, engineering, and operational requirements Sec. 6. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require the applicant for a vertical expansion of an existing permitted landfill to submit design,…

Sec. 7. The department and the board shall allow a person to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities in accordance with guidance without requiring the person to obtain any permits from the department: (1) As a daily cover for …

Sec. 7.2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to develop a voluntary certification program for persons that remediate sites where releases of hazardous substances (as defined in IC 13-11-2-98) or petroleum (as defined in IC 13-11-2-160) have occurred. (b)…